Discuss the question of death sentence and Presidential clemency. (UPSC 2003, 30 Marks, )

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Introduction

The death sentence is a form of punishment awarded to individuals convicted of heinous crimes. However, the President of India holds the power to grant clemency, which can commute or pardon the death sentence.

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‘The exercise of executive clemency is not a privilege but is based on several principles, and discretion has to be exercised in public considerations.’ Analyze this statement in the context of the judicial powers of the President of India. (UPSC 2011, 20 Marks, )

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Introduction

The exercise of executive clemency is an important power vested in the President of India under Article 72 of the Constitution. This power allows the President to grant pardons, reprieves, respites, or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offense.

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Instances of President’s delay in commuting death sentences has come under public debate as denial of justice. Should there be a time limit specified for the President to accept/reject such petitions? Analyze. (UPSC 2014, 13 Marks, )

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Introduction

The power of the President of India to grant pardons, reprieves, respites, or remissions of punishment is an important aspect of the Indian polity. However, instances of delay in commuting death sentences by the President have raised concerns about the denial of justice.

Compare and contrast the President's power to pardon in India and in the USA. Are there any limits to it in both the countries? What are ‘pre-emptive pardons’? (UPSC 2025, 10 Marks, )

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Introduction